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Politike

Constitutional Court sets precedent for Meta's dismissal: President must be on top of parties, can not invest politically

Constitutional Court sets precedent for Meta's dismissal: President must be

President Ilir Meta risks being fired by the Constitutional Court as well. Parliament voted with 104 votes in favor of his dismissal and now the report has passed to the Constitutional, which will finally decide the fate of the president. But yesterday this court gave the first signals that it could overthrow the head of state. Yesterday, the Constitutional Court clarified the decision for the Rama-Meta clash regarding the decree of the ministers. The decision talks about the role of the president and the duties he has. The majority accuses Meta of not standing on the parties, ie not implementing the unity of the people and being politically involved. Meanwhile, the Constitutional Court in its decision clearly states that the President should be neutral and should not support any political wing, thus aggravating Meta's position. The Constitution has gone beyond what is written in the Constitution, after reviewing the discussions in the Parliamentary Committee for Drafting the Draft Constitution (Constitutional Debate, volume I, OSCE publication, 2006). "The President of the Republic is conceived as a neutral figure, with an important role in resolving crises, balancing powers and performing their respective functions, a role which is also related to the procedure of his election to the necessary parliamentary majority and voting rounds (p. 320). The president should not invest politically, because he must maintain his independent position (p. 393). "He should not be seen as a direct part of the executive or as a direct part of political parties, but as a constitutional arbiter, who only in this role can resolve institutional crises and become the guarantor of the Constitution."

The president must be neutral

At the end of argument 7, the members of the Constitution state that the intention of the constitution-maker has been for the President to be a neutral figure, super partes, guarantor of the Constitution and arbiter in resolving institutional crises. It is further emphasized that it does indeed influence political life, but can never go beyond what the Constitution stipulates. "The court considers that the president, despite the fact that due to his constitutional functions he does not make political decisions, affects the political life of the country, in accordance with the role that the Constitution has assigned to him in the parliamentary republic", it is further stated.

Venice Report

In its decision, the Constitutional Court also included the opinion of the Venice Commission, which spoke about the clashes over the date of the elections. Even there it is clearly stated that the president should be above the parties and should not be politically involved. The Venice Commission also stated: "The Constitution assigns the President a neutral position as" head of state "and as the body that" represents the unity of the people. " These attributes do not imply that the President's authority is over politics. Rather, they mean that the President must remain outside party politics in order to ensure, inter alia, fair competition between the parties and the proper functioning of the form of government and other activities of the state (...) a President, whose main mission is to represent the unity of the people, has the constitutional mandate to contribute to the normal functioning of the state ", it is stated in the decision. So if we make a comparison between this decision and the report submitted by the Assembly, it seems that the president has a hard time. The Constitutional Court has started reviewing the file and will soon decide whether or not we have serious violations. On the other hand, a court can not come up with different positions, so if this decision says that the president should be above the parties and not be politically involved, so it is expected to say in the decision that will be given for the dismissal of the president. The Constitutional Court has started reviewing the file and will soon decide whether or not we have serious violations. On the other hand, a court can not come up with different positions, so if this decision says that the president should be above the parties and not be politically involved, so it is expected to say in the decision that will be given for the dismissal of the president. The Constitutional Court has started reviewing the file and will soon decide whether or not we have serious violations. On the other hand, a court can not come up with different positions, so if this decision says that the president should be above the parties and not be politically involved, so it is expected to say in the decision that will be given for the dismissal of the president.

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